{"id":"F2018L00989","name":"Marriage (Celebrancy Qualifications or Skills) Determination 2018","slug":"marriage-celebrancy-qualifications-or-skills-determination-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97681,"registerId":"commonwealth-F2018L00989-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Marriage (Celebrancy Qualifications or Skills) Determination 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made:\n    (a) under paragraph 39C(1)(b) of the Marriage Act 1961; and\n    (b) in accordance with section 39 of the Marriage Regulations 2017.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act or the Marriage Regulations 2017, including the following:\n\n    (a) celebrancy qualification;\n    (b) celebrancy skills;\n    (c) Certificate IV in Celebrancy;\n    (d) marriage celebrant.\n  In this instrument:\n\n> Act means the Marriage Act 1961.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Qualifications or skills","content":"## Part 2—Qualifications or skills","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Qualifications or skills required of a marriage celebrant","content":"#### 6 Qualifications or skills required of a marriage celebrant\n\n  It is necessary for a person to have:\n    (a) a Certificate IV in Celebrancy; or\n    (b) a celebrancy qualification; or\n    (c) celebrancy skills.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Requirements for Certificate IV in Celebrancy","content":"#### 7 Requirements for Certificate IV in Celebrancy\n\n  (1) It is necessary that a Certificate IV in Celebrancy includes:\n    (a) the units mentioned in subsection (2); or\n    (b) the units mentioned in subsection (3).\n  (2) For the purposes of paragraph (1)(a), the units are set out in the following table.\n\n| Item | Unit code  | Unit description                                                                   |\n| ---- | ---------- | ---------------------------------------------------------------------------------- |\n| 1    | CHCCEL402A | Establish and maintain knowledge of legal responsibilities of a marriage celebrant |\n| 2    | CHCCEL403A | Develop an effective relationship with a marrying couple                           |\n| 3    | CHCCEL404A | Plan a marriage ceremony in line with legal requirements                           |\n| 4    | CHCCEL405A | Conduct and review a marriage ceremony in line with legal requirements             |\n\n  (3) For the purposes of paragraph (1)(b), the units are set out in the following table.\n\n| Item | Unit code | Unit description                                      |\n| ---- | --------- | ----------------------------------------------------- |\n| 1    | CHCCEL005 | Establish and maintain marriage celebrancy practice   |\n| 2    | CHCCEL006 | Interview clients and plan marriage ceremonies        |\n| 3    | CHCCEL007 | Prepare for, present and evaluate marriage ceremonies |\n\n  (4) It is necessary that a Certificate IV in Celebrancy uses the following materials:\n    (a) the Act;\n    (b) the Marriage Regulations 2017 or the Marriage Regulations 1963;\n    (ba) for a Certificate IV in Celebrancy commenced on or after 1 January 2022—the Guidelines on the Marriage Act 1961 for Authorised Celebrants September 2021, published by the Department, as existing on 1 September 2021;\n    (c) for any other Certificate IV in Celebrancy—the guidelines mentioned in paragraph (ba) of this subsection or either of the following published by the Department in a form existing before this section commences:\n    (i) the Guidelines on the Marriage Act 1961 for Marriage Celebrants;\n    (ii) the Guidelines on the Marriage Act 1961 for Authorised Celebrants July 2018;\n    (d) the forms (if any) approved by the Minister under subsection 119(1) of the Act for the purposes of the following provisions of the Act:\n    (i) section 12 (authorisation of marriage of minor);\n    (ii) section 15 (dispensation with consent to marriage of minor);\n    (iii) section 16 (consent by Judge or magistrate to marriage of minor);\n    (iv) subsection 39D(1) (application for registration as a marriage celebrant);\n    (v) paragraph 42(1)(a) (notice of intended marriage);\n    (vi) paragraph 42(1)(c) (declaration by parties to marriage);\n    (vii) subsection 42(5A) (obligations of marriage);\n    (viii) paragraph 50(1)(b) (official certificate of marriage);\n    (ix) subsection 112(3) (interpreter’s certificate).\n\n> Note: The Guidelines on the Marriage Act 1961 for Authorised Celebrants September 2021 could in 2021 be viewed on the Department’s website (https://www.ag.gov.au).","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Requirements for celebrancy qualification","content":"#### 8 Requirements for celebrancy qualification\n\n  (1) It is necessary that a celebrancy qualification includes the units set out in the following table.\n\n| Item | Unit code                  | Unit description                                            |\n| ---- | -------------------------- | ----------------------------------------------------------- |\n| 1    | APG4729 (formerly CVL4010) | Rites of passage: Culture and celebrating life cycle events |\n| 2    | APG4730 (formerly CVL4020) | Life cycle events: Literature, music and life stories       |\n| 3    | APG4731 (formerly CVL4030) | Celebrant and client: Legal, ethical and personal issues    |\n| 4    | APG4732 (formerly CVL4040) | Professional celebration of rites of passage                |\n\n  (2) It is necessary that a celebrancy qualification uses the following materials:\n    (a) the Act;\n    (b) the Marriage Regulations 2017 or the Marriage Regulations 1963.\n  (3) It is necessary that a celebrancy qualification be awarded by Monash University.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Application, saving and transitional provisions","content":"## Part 3—Application, saving and transitional provisions","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Application provision relating to the Marriage (Celebrancy Qualifications or Skills) Determination 2018","content":"#### 9 Application provision relating to the Marriage (Celebrancy Qualifications or Skills) Determination 2018\n\n  (1) This instrument applies in relation to an application for registration as a marriage celebrant made under section 39D of the Act on or after 1 April 2018.\n  (2) Despite the repeal of the Marriage (Celebrancy qualifications or skills) Determination 2009 by this instrument, that determination continues to apply in relation to an application for registration as a marriage celebrant that was made under section 39D of the Act if:\n    (a) the application was made before 1 April 2018; and\n    (b) immediately before 1 April 2018, a decision on the application has not been made.","sortOrder":9}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose of specifying educational requirements for marriage celebrant registration. The 2018 update replaced the 2009 determination but did not expand beyond setting qualification standards. The inclusion of updated unit codes and guidelines reflects normal maintenance of vocational training standards rather than scope creep."},"complexity_factors":["Multiple overlapping pathways to qualification (Certificate IV, university qualification, or skills) with different requirements","Two different unit code tables for Certificate IV depending on when the course was taken (subsections 7(2) and 7(3))","Complex conditional logic in section 7(4) regarding which official guidelines apply based on commencement date of the Certificate IV","Cross-references to external documents: Marriage Act 1961, two sets of Marriage Regulations, multiple versions of Departmental guidelines, and Minister-approved forms","Transitional provision in section 9 preserving the old 2009 determination for pending applications","Specific university restriction (Monash University only) for the alternative celebrancy qualification pathway"],"plain_english_summary":"This instrument sets the training and qualification requirements to register as an Australian marriage celebrant from 1 April 2018, specifying three pathways — Certificate IV in Celebrancy, a Monash University celebrancy qualification, or an alternative celebrancy skills pathway — and requires courses to use the Marriage Act, Regulations, official guidelines and approved forms.\n\nIt applies to applicants from that date (pending pre‑April 2018 applications remain under 2009 rules) and ensures celebrants have the legal knowledge and practical skills to conduct valid, meaningful ceremonies."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument replaces the previous 2009 determination for applications made on or after 1 April 2018 while preserving the old rules for earlier pending applications (s9). It narrows and specifies acceptable training content by naming unit codes and particular guideline versions (s7(2)–(4)), and it confines one celebrancy qualification to being awarded by Monash University (s8(3)), thereby changing the delivery/award landscape for providers."},"complexity_factors":["Multiple alternative qualification routes (Certificate IV, celebrancy qualification, or demonstrable celebrancy skills) which require different unit sets (s6; s7(1)–(3); s8(1)).","Two alternative published unit-sets for Certificate IV and cross-references to specific unit codes and descriptions (s7(2)–(3)).","Prescription of external materials and specific guideline versions/dates that courses must use, creating versioning and compliance requirements (s7(4)(a)–(c); s7(4)(ba)).","Requirement that the celebrancy qualification be awarded only by a named university (Monash University), concentrating awarding authority (s8(3)).","Dependence on other legislation and instruments (the Marriage Act 1961, Marriage Regulations 2017/1963, and Minister‑approved forms), increasing cross‑referencing for compliance (s5; s7(4)(a),(b),(d); s8(2)).","Transitional and savings provisions that preserve the 2009 determination for pending applications, adding temporal complexity to which rules apply (s9(1)–(2))."],"plain_english_summary":"This instrument sets the qualifications or demonstrable skills required to register as an Australian marriage celebrant. It requires a Certificate IV in Celebrancy, a specified celebrancy qualification, or demonstrable celebrancy skills, and prescribes the training units and reference materials courses must use (s6–8).\n\nApplicants must obtain or show the listed units and materials; one celebrancy qualification must be awarded by Monash University (s8). The instrument replaces the 2009 determination for new applications from 1 April 2018, with transitional saving for pending earlier applications (s9)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/marriage-celebrancy-qualifications-or-skills-determination-2018","history":"/api/acts/marriage-celebrancy-qualifications-or-skills-determination-2018/history","analysis":"/api/acts/marriage-celebrancy-qualifications-or-skills-determination-2018/analysis","conflicts":"/api/acts/marriage-celebrancy-qualifications-or-skills-determination-2018/conflicts","importantCases":"/api/acts/marriage-celebrancy-qualifications-or-skills-determination-2018/important-cases","documents":"/api/acts/marriage-celebrancy-qualifications-or-skills-determination-2018/documents"}}